A Boulder judge ruled Thursday that there is enough evidence for prosecutors to proceed to trial in the case of Dean Carlson, a Texas man accused of driving drunk on the wrong side of the Diagonal Highway, smashing into an oncoming car and injuring two people -- including one victim who is not expected to survive.

Carlson, 56, is charged with two counts of vehicular assault while driving under the influence -- a Class 4 felony -- and two counts of vehicular assault -- a Class 5 felony. He also is charged with driving under the influence, reckless driving and driving down the wrong side of a divided highway, all misdemeanors.

According to investigators, Carlson was driving north in the southbound lanes of the Diagonal Highway in a rented Chevy HHR around 4 a.m. July 21 near 55th Street when he struck a black Toyota Yaris heading south.

The lead investigator in the case, Colorado State Patrol Trooper Matthew Petty, testified at a preliminary hearing Thursday that the passenger in the Yaris, Daniel Mays, 28, of Westminster, suffered severe brain injuries in the accident and is currently in a coma at Denver Medical Health Center.

Petty said doctors do not expect Mays to survive.

The driver of the Yaris, Sean Balog, 23, also of Westminster, was taken to Longmont United Hospital with internal injuries and later released.

Boulder District Attorney Stan Garnett said if Mays does die, his office will consider upgrading the charges against Carlson.

"We would re-evaluate the evidence to see if vehicular homicide charges would be warranted," Garnett said. "I've talked about the concern for public safety and the impact these multiple DUI offenders present. These types of issues are a top priority."

'Overwhelming' odor of alcohol

Petty testified that the crash investigation showed Balog -- who had picked up Mays, her boyfriend, from his job at IBM -- swerved to the right and then back to the left in an effort to avoid Carlson's car before he ultimately struck the Yaris on the front right side. Petty said it is believed neither car was speeding before the accident.

Firefighters responding to the scene found Carlson in the passenger seat of his car and did not find signs of anybody else in the vehicle, according to Petty. Troopers noticed an "overwhelming" odor of alcohol, and Petty said he could still smell alcohol on Carlson when he interviewed him nine hours later.

Carlson has three prior DUI convictions on his record. He was convicted of DUI in 1992 in New York, and in 2005 and 2010 in Texas. He had just gotten his driving privileges back in Texas from his 2010 DUI conviction.

Petty said Carlson initially believed Balog had come into his lane before being told he was on a divided highway. The two directions of the Diagonal Highway are separated by a depressed grassy median at the location of the accident.

"Driving down the wrong side of a divided highway, it doesn't get more reckless than that," Deputy District Attorney Fred Johnson told the judge.

Drinking on Pearl

Carlson initially told investigators he had about three beers before the crash, but later told Petty he believed he had 10 or 12, and likely more, according to testimony. He told investigators he had flown into Denver on July 20 for business and to pick up some of his son's belongings and ship them back to Texas.

Petty said Carlson recalled having a few drinks at Old Chicago on Pearl Street around 7 p.m. before wandering around Pearl Street and drinking at various bars until closing time. Carlson told investigators that between the time the bars closed at 2 a.m. and the time of the accident around 4 a.m., he believes he was driving around lost while trying to find his hotel in Westminster.

Investigators did find receipts for three drinks at Old Chicago, but Petty said he is still trying to determine where else on Pearl Street Carlson was drinking to see whether investigators can determine when and how much Carlson drank. In the days after the accident, Petty said he showed Carlson's pictures to bartenders along Pearl Street, but none of them remembered serving Carlson.

Carlson's attorney, Nelissa Milfeld, called into question the evidence that Carlson was intoxicated, since, due to his injuries, he could not perform roadside maneuvers at the time of the accident and the results of a blood test are not yet available.

But Petty said a horizontal gaze test performed in one of Carlson's eyes found signs of intoxication, though his other eye was swollen shut from an injury, and District Judge Noel Blum ruled there was probable cause to proceed to arraignment.

Carlson -- who remains in custody on $100,000 bond -- sat next to Milfeld in a wheelchair and kept his gaze down for most of the hearing. He is scheduled to be arraigned Oct. 5.

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